Article 14. Inviolability of the person of the Code of the Republic of Kazakhstan On Administrative Offenses

Home / RLA / Article 14. Inviolability of the person of the Code of the Republic of Kazakhstan On Administrative Offenses

1. No one may be subjected to administrative detention, summoning, delivery to the internal affairs bodies (police) or other state bodies, personal search and inspection of possessions with an individual, or other measures to ensure proceedings on an administrative offense, except on the grounds and in accordance with the procedure established by this Code.

2. Administrative arrest as a measure of administrative punishment may be imposed only by a judge's order in the cases and in accordance with the procedure established by this Code.

3. Every detainee who has been brought before the internal affairs bodies (police) or other state body, is immediately informed of the grounds for detention, bringing, delivery, as well as the legal qualification of the administrative offense, the commission of which is imputed to him.

4. A state body (official) is obliged to immediately release an unlawfully detained person who has been brought, delivered or is under administrative arrest for more than the period stipulated by the judge's decision.

5. None of the persons participating in the case of an administrative offense may be subjected to torture, violence, cruel or degrading treatment.

6. In the course of proceedings on an administrative offense against the will of a person or his representative, actions violating the inviolability of the person are possible only in the cases and in the manner directly provided for by this Code.

7. The detention of a person against whom administrative arrest has been chosen as a measure of administrative punishment, as well as a person subjected to administrative detention, must be carried out in conditions that exclude a threat to his life and health.

8. Damage caused to an individual as a result of unlawful administrative arrest, detention in conditions dangerous to life and health, or ill-treatment of him is subject to compensation in accordance with the procedure provided for by law.

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Republic of Kazakhstan

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